STATE OF NEW YORK
________________________________________________________________________
3821
2023-2024 Regular Sessions
IN ASSEMBLY
February 8, 2023
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Economic Development
AN ACT to amend the alcoholic beverage control law, in relation to
authorizing the sale of merchandise other than beer by licensed brew-
eries and licensed farm breweries and the operation of another busi-
ness on a licensed premises
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 51 of the alcoholic beverage control law is amended
2 by adding two new subdivisions 10 and 11 to read as follows:
3 10. (a) A licensed brewery may manufacture, bottle and sell juice,
4 jellies and preserves, tonics, salad dressings and beer sauces on and
5 from licensed premises.
6 (b) Such license shall authorize the holder thereof to store and sell
7 gift items in a tax-paid room upon the licensed premises. These gift
8 items shall be limited to the following categories:
9 (i) Non-alcoholic beverages for consumption on or off premises,
10 including but not limited to bottled water, juice and soda beverages.
11 (ii) Food items, which may include locally produced farm products and
12 any food or food product not specifically prepared for immediate
13 consumption upon the premises. These items may be sold as single items
14 or may be combined into a package containing beer or a beer product.
15 (iii) Beer supplies and accessories, which shall include any item
16 utilized for the storage, serving or consumption of beer or for decora-
17 tive purposes. These supplies may be sold as single items or may be
18 combined into a package containing beer or a beer product.
19 (iv) Souvenir items, which shall include, but not be limited to
20 artwork, crafts, clothing, agricultural products and any other articles
21 which can be construed to propagate tourism.
22 (v) Beer produced or manufactured by any other New York state brewery
23 or farm brewery licensee. Such beer may be purchased outright by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04454-01-3
A. 3821 2
1 licensee from a New York state brewery or farm brewery licensee or
2 obtained on a consignment basis pursuant to a written agreement between
3 the selling and purchasing licensee.
4 (c) Notwithstanding any provision of law to the contrary, any brewery
5 licensee may charge:
6 (i) for tours of its premises; and
7 (ii) for any beer tastings.
8 (d) The authority is hereby authorized to promulgate rules and regu-
9 lations to effectuate the purposes of this subdivision.
10 11. Notwithstanding any provision of law to the contrary, another
11 business or other businesses may operate on the licensed premises of a
12 brewery subject to such rules and regulations as the liquor authority
13 may prescribe. Such rules and regulations shall determine which busi-
14 nesses will be compatible with the policy and purposes of this chapter
15 and shall consider the effect of particular businesses on the community
16 and area in the vicinity of the brewery premises, provided however that
17 a retailer business licensed under this chapter shall not be permitted
18 to operate at a licensed manufacturing premises.
19 § 2. Section 51-a of the alcoholic beverage control law is amended by
20 adding two new subdivisions 17 and 18 to read as follows:
21 17. (a) A licensed farm brewery may manufacture, bottle and sell
22 juice, jellies and preserves, tonics, salad dressings and beer sauces on
23 and from licensed premises.
24 (b) Such license shall authorize the holder thereof to store and sell
25 gift items in a tax-paid room upon the licensed premises. These gift
26 items shall be limited to the following categories:
27 (i) Non-alcoholic beverages for consumption on or off premises,
28 including but not limited to bottled water, juice and soda beverages.
29 (ii) Food items, which may include locally produced farm products and
30 any food or food product not specifically prepared for immediate
31 consumption upon the premises. These items may be sold as single items
32 or may be combined into a package containing beer or a beer product.
33 (iii) Beer supplies and accessories, which shall include any item
34 utilized for the storage, serving or consumption of beer or for decora-
35 tive purposes. These supplies may be sold as single items or may be
36 combined into a package containing beer or a beer product.
37 (iv) Souvenir items, which shall include, but not be limited to
38 artwork, crafts, clothing, agricultural products and any other articles
39 which can be construed to propagate tourism.
40 (v) Beer produced or manufactured by any other New York state brewery
41 or farm brewery licensee. Such beer may be purchased outright by the
42 licensee from a New York state brewery or farm brewery licensee or
43 obtained on a consignment basis pursuant to a written agreement between
44 the selling and purchasing licensee.
45 (c) Notwithstanding any provision of law to the contrary, any farm
46 brewery licensee may charge:
47 (i) For tours of its premises; and
48 (ii) For any beer tastings.
49 (d) The authority is hereby authorized to promulgate rules and regu-
50 lations to effectuate the purposes of this subdivision.
51 18. Notwithstanding any provision of law to the contrary, another
52 business or other businesses may operate on the licensed premises of a
53 farm brewery subject to such rules and regulations as the liquor author-
54 ity may prescribe. Such rules and regulations shall determine which
55 businesses will be compatible with the policy and purposes of this chap-
56 ter and shall consider the effect of particular businesses on the commu-
A. 3821 3
1 nity and area in the vicinity of the farm brewery premises, provided
2 however that a retailer business licensed under this chapter shall not
3 be permitted to operate at a licensed manufacturing premises.
4 § 3. This act shall take effect immediately.
